Harrison v Spring Val. Hous. Auth.

[*1] Harrison v Spring Val. Hous. Auth. 2010 NY Slip Op 51060(U) [27 Misc 3d 142(A)] Decided on June 11, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 11, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2009-1200 RO C.

Robert Harrison, Respondent,

against

Spring Valley Housing Authority, Appellant.

Appeal from a judgment of the Justice Court of the Village of Spring Valley, Rockland County (Alan M. Simon, J.), entered September 27, 2007. The judgment, upon agreed facts, awarded plaintiff the principal sum of $3,000.

ORDERED that the judgment is reversed without costs and the action is dismissed.

Plaintiff brought this small claims action to recover towing and storage costs from defendant public housing authority, his landlord. The Justice Court found that defendant was liable for the charges and awarded plaintiff the principal sum of $3,000. We reverse.

It is undisputed that defendant acted in accordance with the lease agreement in towing plaintiff's car and that defendant had provided plaintiff with adequate notice of its intention to do so. There is no support in the record for the finding of the Justice Court that plaintiff's due process rights were violated. As it cannot be said that substantial justice was done between the parties according to the rules and principles of substantive law (UJCA 1804, 1807), the judgment is reversed and the action is dismissed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: June 11, 2010